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APPEAL WATCH: Forfeiture Of Offence-Related Property Explored In Nguyen

The Supreme Court of Canada (“SCC”) is set to hear the appeal of Nguyen c. Director of Criminal and Penal Prosecutions, 2024 QCCA 674 [Nguyen] where the Court of Appeal of Québec (“QCCA”) overturned the decision of the Court of Québec, which held that it had jurisdiction to hear the application of the prosecution [41400].

Bell Canada Decision Finds Itemized Electricity Charges To Be A Single Supply

Bell was denied favourable goods and services tax (“GST”) treatment of its purchase of electricity, which was determined to be a single supply for the purpose of claiming input tax credits (“ITCs”) under the Excise Tax Act, RSC 1985, c E-15 [ETA]. In Bell Telephone Company of Canada v. Canada, 2025 FCA 27 [Bell Canada], The Federal Court of Appeal (“FCA”) […]

Privacy Commissioner v Facebook: Protecting Your Data From Tech Giants

Canadian privacy law hit Facebook hard in the Federal Court of Appeal’s recent decision in Privacy Commissioner of Canada v Facebook inc., 2024 FCA 140 [Facebook]. The unanimous decision held that Facebook failed to obtain meaningful consent from users prior to disclosing user data. The decision is part of a larger trend in Canadian jurisprudence […]

The Clashing of Wage Restraint Legislation with s. 2(d) Collective Bargaining Rights

In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the “Court”) upheld the Superior Court finding that Ontario’s Bill 124 (“the Bill” or “the Act”)- which places a cap on wages in the public sector–is unconstitutional in its application to […]

Teachers, Math Tests, and Racism? Ontario Teacher Candidates’ Council v Ontario

In Ontario Teacher Candidates’ Council v Ontario (Education), 2023 ONCA 788 [OTCC], the Ontario Court of Appeal ("ONCA") overturned a Divisional Court decision deeming Ontario’s Math Proficiency Test ("MPT"), aimed at incoming teaching candidates, constitutional and not contrary to s 15 of the Canadian Charter of Rights and Freedoms ("Charter"). 

R v JJ : The SCC Expands the Privacy Rights of Sexual Assault Complainants

In R v JJ (2022 SCC 28) (“JJ”), the Supreme Court of Canada (“SCC”) considered the scope and legality of Bill C-51, which attempts to remove some of the hurdles that prevent victims of sexual assault (hereinafter referred to as “complainants”) from coming forward. The Bill was enacted in 2018, as An Act to amend […]

Section 33.1 of the Criminal Code declared “of no force and effect” in R v Brown

In May 2022, the Supreme Court of Canada (the “SCC” or the “Court”) released two important decisions in R v Brown, 2022 SCC 18 [Brown] and its companion case, R v Sullivan, 2022 SCC 19 [Sullivan]. This article discusses Brown. For more information on Sullivan, refer to the case comment here. In Brown, Justice Nicholas […]

'Proper, but not perfect': The SCC rules on jury instructions in R v Goforth

In R v Goforth, 2022 SCC 25 [Goforth], the Supreme Court of Canada (“SCC”) reiterated its support for the general legal principle that a trial judge’s instructions to the jury must properly convey the meaning of the charge, even if imperfect in form. The SCC reinforced the principle that substance comes before form when it […]